Reported Cases

Kestrel Hydro v Secretary of State for Communities and Local Government [2016] EWCA Civ 784

22 July 2016

Instructed counsel on behalf of the claimant, a commercial enterprise, in this appeal against the decision in Kestrel Hydro v Secretary of State for Communities and Local Government [2015] EWHC 1654 (Admin). Represented the claimant in his appeal against the decision of the Planning Inspector to uphold an enforcement notice issued by the local planning authority. The challenge was brought as the enforcement notice was issued alleging a material change of use, although it sought to attack operational development. The notice was upheld, as the works were integral to, or part and parcel of, the unauthorised use, and the case confirmed this principle.

R. (on the application of Patel) v Secretary of State for Communities and Local Government [2016] EWHC 3354 (Admin)

21 December 2016

Instructed counsel on behalf of the claimant, a shopkeeper. This was a challenge against a decision of a Planning Inspector to grant prior approval for the change of use of a corner shop into residential accommodation. Amongst other matters, the case considered whether the Planning Inspector had considered the needs of the elderly and disabled, and whether she had had due regard to the public sector Equality Duty (PSED) in the Equality Act 2010 s.149.

 

R. (on the application of Thakeham Village Action Ltd) v Horsham DC [2014] EWHC 67 (Admin); [2014] Env. L.R. 21; [2014] J.P.L. 772

29 January 2014

Instructed counsel on behalf of a local interest group challenging the grant of permission by the local planning authority for 146 houses on part of a former mushroom farm, even though the proposed development was contrary to the local plan. The case dealt with s106 agreements and the concept of “enabling development.”